I’ve come to an agreed divorce settlement with my husband – can we split the pension without a formal court order?

Any agreed divorce settlement regarding pension arrangements needs to be finalised through the court, as it’s not otherwise possible to divide pension arrangements. The members’ retirement benefits also have to be divided in a court order. All of this is because the pension provider or scheme can’t act to divide the pension without permission from the court.

A clean break court order is considered final – but it doesn’t need to be contested if the parties have already come to an agreement through their solicitors about division of the family assets. The court order will normally simply give consent for the agreed parties to go ahead and for the scheme provider to divide the pension.

Pensions and divorce involve a complicated area of law. Make sure you get the right legal advice from a specialist divorce solicitor.

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